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Adult care privacy notices

Our adult care department complies with the legal obligations of the General Data Protection Regulation (GDPR), Data Protection Act 2018 and any subsequent legislation.


Our obligations to you

Adult care records information on people who have been referred or assessed by the department. We'll use this to:

  • understand any needs you may have
  • provide you with relevant advice and information
  • provide services to meet your needs
  • understand if you or others are at risk of abuse and take appropriate action

We also hold more limited information (generally names and contact details) on family carers and other people who may have significant links to a person who has been referred or assessed.

Information we hold on you might include personal and sensitive characteristics such as:

  • your name, address, date of birth and a phone number
  • your religion, racial or your ethic background
  • your gender or sexuality
  • your reasons for needing a service
  • professional observation about you and your needs
  • the details of the services we provide around your social care needs

We'll ensure your information is:

  • processed lawfully, fairly and in a transparent manner
  • only accessed by members of staff with a specific legitimate purpose
  • adequate, relevant and limited to what is necessary
  • accurate and up-to-date
  • not kept any longer than is necessary and destroyed in accordance with the record retention schedules
  • stored and disposed of securely

Sharing data

We sometimes need to share your information with partner organisations to safeguard you if you are believed to be vulnerable and to ensure you can receive the provision of care and support you need. We promise:

  • we will share data securely
  • we will not share more than we need to
  • other organisations delivering services on our behalf will be governed by an information sharing agreement which will set out their obligations in keeping the data you give us safe and secure
  • your information will not be shared with or stored by organisations external to the European Union

We'll not share with any other third parties unless permitted by law. To give the best outcomes to the people of Derbyshire we continually review and update our services. We use the information we collect about how we deliver services and who is using them. Information used for planning and commissioning service to sections of the population is anonymised or pseudonymised to prevent individual people being identified.

The legal basis of processing your information

The processing of your personal data is necessary for the performance of a task carried out in the public interest or in the exercise of official authority vested in the Derbyshire County Council (the controller) (Article 6(1)(e) GDPR).

To ensure that we meet all of our legal and statutory duties including, but not limited to, those which apply under the following legislation and contractual agreements:

  • Care Act 2014
  • Health and Social Care Act 2008
  • Care Quality Registration Regulations 2009
  • Children's Act 2004
  • Mental Capacity Act 2005
  • Housing Act 2004
  • The Local Authority Social Services and National Health Service Complaints (England) Regulations 2009

How we use your NHS number in adult care

If you're receiving a service from us we may obtain your NHS Number via an NHS service called the Personal Demographic Service (PDS). We provide some basic information to the PDS such as your name, address and date of birth to obtain your NHS number. This is used to provide integrated services by allowing the most up-to-date information to be shared between the department and GPs, hospitals, district nurses and other relevant health professionals.

Only relevant information will be shared and access is restricted to essential personnel who are subject to a duty of confidentiality. However, if you wish to opt out from the use of your NHS number for social care purposes then please contact us.

Your rights

You have rights, including:

  • right of access - you can see the information that we hold about you
  • right of rectification - if data we hold about you is wrong we will put it right as soon as possible
  • right of erasure - the ‘right to be forgotten’ - if the information we are holding is no longer justified or wrong you can ask us to delete or erase it.
  • right to restrict processing - if you think the information we hold about you is wrong you can ask us to limit how we use it

If you'd like to know more or see a copy of the data we hold and share about you, find out how to access your information.

National data opt-out programme

The National data opt-out programme is a system covering health and social care that allows members of the public the opportunity to make an informed choice about whether they wish their confidential information to be used just for their individual care and treatment or also used for research and planning purposes.

Complaints and questions

We take all complaints seriously.

If you believe that our collection, storage and use of your information is incorrect please contact us.

This privacy notice does not provide exhaustive details of all aspects of adult care department’s collection, storage and use or processing of information. We are happy to provide additional explanation or information if needed.

Contact

For information governance email: asch.adultcare.foi@derbyshire.gov.uk

For more information about making a complaint please see our adult care complaints and praise page or email: your.views@derbyshire.gov.uk